Clarke v. Sun Life Assurance Company of Canada,

JurisdictionOntario
JudgeBrown, Huscroft and Trotter JJ.A.
Citation2020 ONCA 11
Docket NumberC67056
CourtCourt of Appeal (Ontario)
Date08 January 2020

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17 practice notes
  • Court Of Appeal Summaries (November 29 ' December 3)
    • Canada
    • Mondaq Canada
    • December 8, 2021
    ...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
  • Court Of Appeal Summaries (November 29 ' December 3)
    • Canada
    • Mondaq Canada
    • December 8, 2021
    ...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...of the person with the claim first ought to have known” of the four elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at paras. [80] Anderson Haulage contended that if Kinectrics had not discovered the claim against Anderson Haulage on the date of th......
  • Lee v Chang,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 28, 2024
    ...s. 5(1) and (2) of the Limitations Act, 2002 contains cumulative and comparative elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at para. 180 Section 5(1)(a) identifies the four elements a court must examine cumulatively to determine when a claim w......
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12 cases
  • Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 3, 2020
    ...of the person with the claim first ought to have known” of the four elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at paras. [80] Anderson Haulage contended that if Kinectrics had not discovered the claim against Anderson Haulage on the date of th......
  • Lee v Chang,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 28, 2024
    ...s. 5(1) and (2) of the Limitations Act, 2002 contains cumulative and comparative elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at para. 180 Section 5(1)(a) identifies the four elements a court must examine cumulatively to determine when a claim w......
  • 2024 ONCA 675,
    • Canada
    • January 1, 2024
    ...with BNY's counterarguments. BNY first argues that the trial judge made the same error as in Clarke v. Sun Life Assurance of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, by failing to make findings concerning the presumption. But Clarke is distinguishable. That case required those findings conc......
  • SS&C Technologies Canada Corporation v The Bank of New York Mellon Corporation,
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2024
    ...with BNY's counterarguments. BNY first argues that the trial judge made the same error as in Clarke v. Sun Life Assurance of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, by failing to make findings concerning the presumption. But Clarke is distinguishable. That case required those findings conc......
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5 firm's commentaries
  • Court Of Appeal Summaries (November 29 ' December 3)
    • Canada
    • Mondaq Canada
    • December 8, 2021
    ...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
  • Court Of Appeal Summaries (November 29 ' December 3)
    • Canada
    • Mondaq Canada
    • December 8, 2021
    ...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
  • Court Of Appeal Summaries (January 6 – January 10, 2020)
    • Canada
    • Mondaq Canada
    • January 14, 2020
    ...v Wall, 2018 SCC 26, Ahenakew et al. v MacKay et al. (2004), 71 O.R. (3d) 130 (CA) Clarke v Sun Life Assurance Company of Canada , 2020 ONCA 11 Keywords: Contracts, Insurance, Long-Term Disability, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, "Appropriate Means", ......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...PERIOD Clarke v. Sun Life Assurance Company of Canada, 2019 ONSC 2942 Appeal heard: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11 The Plaintiff's claim for disability benefits in relation to any occupation benefits under the insurance policy with defendant was refused by lett......
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